General Assembly

of Maryland

About Statutes

This page accesses the Code of Maryland (Statutes) and the Maryland Municipal Charters and Resolutions
as compiled and maintained by the Department of Legislative Services.

The Code is arranged by and organized into “Articles”
(e.g. Transportation Article), which are further subdivided into “titles”, “subtitles”, “sections”,
“subsections”, “paragraphs”, subparagraphs”, etc.

Note that the “official” compilation of the laws (Chapters) enacted at each
session of the General Assembly is published by the State as the “Laws of Maryland”,
commonly referred to as the “Session Laws”. The Session Laws for each session are compiled
chronologically by chapter number and serve as the source law from which the statutes
accessed here are derived.

While the “Laws of Maryland” (Session Laws) constitute the official laws of the State, this Code
and the annotated versions noted below are accepted as “evidence” of the law in all State courts
and by all public offices and officials (See § 10-201 of the Courts & Judicial
Proceedings Article). However, in the event of a conflict between the Code and the Session Laws,
the Session Laws prevail.

Note: Annotated versions of the Code, published by LexisNexis and West, are available
in book and online formats. These Annotated Codes include references to case law, related
citations, and explanatory notations.

The Municipal Charters are updated each year by incorporating all charter resolutions
received by the Department through May 31 of that year. Individual Municipal Resolutions are published to the General Assembly website as they are received by the Department.

Statute Text

(a) On petition
and after any notice or hearing prescribed by law or the Maryland
Rules, a court may appoint a guardian of the person of a disabled
person.

(b) A guardian
of the person shall be appointed if the court determines from clear
and convincing evidence that a person lacks sufficient understanding
or capacity to make or communicate responsible decisions concerning
his person, including provisions for health care, food, clothing,
or shelter, because of any mental disability, disease, habitual drunkenness,
or addiction to drugs, and that no less restrictive form of intervention
is available which is consistent with the person’s welfare and
safety.

(c) (1) Procedures
and venue in these cases shall be as described by Title 10, Chapters
100 and 200 of the Maryland Rules.

(2) Notwithstanding
the provisions of paragraph (1) of this subsection, a petition for
guardianship of a disabled person shall include signed and verified
certificates of competency from the following health care professionals:

(i) Two licensed
physicians who have examined the disabled person; or

(ii) 1. One
licensed physician who has examined the disabled person; and

2. A. One
licensed psychologist who has evaluated the disabled person; or

B. One licensed
certified social worker–clinical who has evaluated the disabled
person.

(3) An examination
or evaluation by at least one of the health care professionals under
paragraph (2) of this subsection shall occur within 21 days before
filing a petition for guardianship of a disabled person.

(d) (1) (i) Subject
to paragraph (2) of this subsection, unless the alleged disabled person
has counsel of the person’s own choice, the court shall appoint
an attorney to represent the person in the proceeding and may require
the deposit of an appropriate sum into the court registry or the appointed
attorney’s escrow account within 30 days after the order of
appointment has been entered, subject to further order of the court.

(ii) If the person
is indigent, the State shall pay a reasonable attorney’s fee.

(iii) The court
may not require the deposit of an appropriate sum into the court registry
or the appointed attorney’s escrow account under subparagraph
(i) of this paragraph if payment for the services of the court–appointed
attorney for the alleged disabled person is the responsibility of:

1. A government
agency paying benefits to the disabled person;

2. A local department
of social services; or

3. An agency eligible
to serve as the guardian of the disabled person under § 13–707
of this subtitle.

(2) In any action
in which payment for the services of a court–appointed attorney
for the alleged disabled person is the responsibility of the local
department of social services, unless the court finds that it would
not be in the best interests of the alleged disabled person, the court
shall:

(i) Appoint an
attorney who has contracted with the Department of Human Resources
to provide those services, in accordance with the terms of the contract;
and

(ii) In an action
in which an attorney has previously been appointed, strike the appearance
of the attorney previously appointed and appoint the attorney who
is currently under contract with the Department of Human Resources,
in accordance with the terms of the contract.

(e) The person
alleged to be disabled is entitled to be present at the hearing unless
he has knowingly and voluntarily waived the right to be present or
cannot be present because of physical or mental incapacity. Waiver
or incapacity may not be presumed from nonappearance but shall be
determined on the basis of factual information supplied to the court
by counsel or a representative appointed by the court. The person
alleged to be disabled is also entitled to present evidence and to
cross–examine witnesses. The issue may be determined at a closed
hearing without a jury if the person alleged to be disabled or his
counsel so requests and all hearings herein shall be confidential
and sealed unless otherwise ordered by a court of competent jurisdiction
for good cause shown.

(f) The court shall
hear and rule on a petition seeking appointment of a guardian of the
person of a disabled person in connection with medical treatment on
an expedited basis.